An Appraisal Of International Crimes And The Operations Of The International Criminal Court

By

Author

Presented To

Department of Law

Abstract

The traditional focus of International Law has been upon the rights and obligations of states while International Criminal Law regulates the conduct of individuals and also punishes those who commit heinous and barbaric crimes against others. The most prevalent of these crimes include genocide, crimes against peace, war crimes and crimes against humanity.

After the end of World War II, the Allies tried Nazi leaders responsible for the massacre to demonstrate that such would not be permitted in future. In the absence of a permanent criminal court, ad hoc tribunals were established. Unfortunately, in the succeeding years, the world sustained atrocities without having recourse to any permanent global mechanism for the prevention and punishment of such crimes.

Consequently, a treaty establishing the International Criminal Court was adopted in Rome on July 17, 1998 at the Rome Conference. The court came into being on 1 July, 2002 as that was the date its founding treaty, the Rome Statute entered into force and it can only prosecute crimes committed after that date.

Despite the courts various achievements, it still faces some challenges. These include the refusal of the United States to ratify its treaty, the non-cooperation of states that are not parties, lack of universal ratification of the Rome Statute and a host of others. In spite of all these, the International Criminal Court promises a lot because it seeks to deter other war criminals from committing inhumane crimes against others. The court is widely acknowledged as the missing link in the international legal system.

On the whole, this long essay seeks to examine the International Criminal Court, tracing its evolution from the post-World War II era to the establishment of

International Criminal Tribunals. The Courts achievements and also the challenges undermining its successes will be discussed

Table of ContentCOVER PAGE
CERTIFICATION PAGE
ABSTRACT
DEDICATION
ACKNOWLEDGMENT
TABLE OF CASES
TABLE OF STATUTES
LIST OF ABBREVIATIONS



CHAPTER 1
GENERAL INTRODUCTION
100: INTRODUCTION
110: BACKGROUND TO THE STUDY
120: OBJECTIVES OF STUDY
130: FOCUS OF STUDY
140: SCOPE OF STUDY
150: METHODOLOGY
160: LITERATURE REVIEW
170: DEFINITION OF TERMS
180: CONCLUSION

CHAPTER 2
AN EXAMINATION OF INTERNATIONAL CRIMES AND INTERNATIONAL TRIBUNALS
200: INTRODUCTION
210: INTERNATIONAL CRIMES
220: EVOLUTION OF INTERNATIONAL CRIMINAL TRIBUNALS
2210: INTERNATIONAL MILITARY TRIBUNAL (IMT)
2211: INTERNATIONAL MILITARY TRIBUNAL FOR THE FAR EAST (IMTFE)
2212: INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY)
2213: INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR)
2214: SPECIAL COURT FOR SIERRA LEONE
2215: SPECIAL TRIBUNAL FOR LEBANON
230: CONCLUSION

CHAPTER 3
AN OVERVIEW OF THE OPERATIONS OF THE INTERNATIONAL CRIMINAL COURT
300: INTRODUCTION 
310: THE ROME STATUTE
320: JURISDICTION OF THE COURT 
3 210: TERRITORIAL JURISDICTION
3211: TEMPORAL JURISDICTION
3212: COMPLEMENTARITY
330: MEMBERSHIP
340: STRUCTURE
3410: THE PRESIDENCY
3411: JUDICIAL DIVISIONS
3412: OFFICE OF THE PROSECUTOR 
3413: THE REGISTRY
350: PROCEDURES OF THE COURT
3510: RIGHTS OF THE ACCUSED
3511: PARTICIPATION OF VICTIMS
3512: REPARATION FOR VICTIMS
360: CO-OPERATION BY STATES THAT ARE NOT PARTIES TO ROME STATUTE
370: INVESTIGATIONS BY THE COURT
3710: UGANDA
3711: DEMOCRATIC REPUBLIC OF CONGO
3712: CENTRAL AFRICAN REPUBLIC
3713: SUDAN
3714: KENYA
380: THE COURT AND THE GENERAL PRINCIPLES OF CRIMINAL LAW
390: DOMESTICATION OF ROME STATUTE IN NIGERIA 
3100: THE COURTS CONTRIBUTION TO INTERNATIONAL LAW 
3110: CONCLUSION

CHAPTER 4
ACHIEVEMENTS AND CHALLENGES OF THE COURT
410: INTRODUCTION
420: ACHIEVEMENTS
430: CHALLENGES
440: CONCLUSION


CHAPTER 5
GENERAL CONCLUSION
500: CONCLUSION
5:10: RECOMMENDATION
BIBLIOGRAPHY
ARTICLES IN JOURNALS
ARTICLES ON THE INTERNET
BOOKS
NEWSPAPER REPORTS

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